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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34458
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I got divorced several years ago. My ex-husband had custody

Resolved Question:

Hello. I got divorced several years ago. My ex-husband had custody of our three eldest children (for financial reasons), who are now all adults. I had custody of our youngest child, who is now 12. We arranged between ourselves that we would both have her to stay with us half the week each, and therefore there would be no maintenance payments.
However, his circumstances are changing and he is now going to work and live in the USA for 3 years, and will only be in the UK for his holidays, so my daughter will now be living with me all the week. I believe I should now be entitled to maintenance payments, at the level suggested by the government website. He earns a good salary of around £85K, whereas mine is around £42K.
He agrees that he should pay me something for the extra days I will be having her, but the amount he is suggesting is nowhere near the amount on the government website. He is saying that there was no maintenance agreed to when we divorced and that we should have a local family agreement now, which takes into account what has happened in the past. I believe circumstances have now changed, and that I should be entitled to a fair payment. I would not be wanting to take this to court, as we my ex-husband and I have a reasonably friendly relationship and have managed to arrange things between us in the past. However, the change in circumstances will have a significant impact on me financially. Would you suggest challenging him on this? Thank you
Submitted: 3 months ago.
Category: Family Law
Expert:  Clare replied 3 months ago.

Thank you for your quetsion

My name is ***** ***** I shall do my best to help you

If this did go to court then the past history would not have any relevance.

The issue is that ongoing you alone will have the everyday financial responsibility for the child and accordingly he should pay the correct maintenance - a mere 12% (at most) of his gross income.

If you cannot agree then you may wish to try and deal with the matter using Family mediation www.familymediationcouncil.org.uk to try and resolve the matter amicably

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you